1. What is "venue" and what is the appropriate one for a divorce case and which court you should file proceedings in?
Venue refers to the appropriate court to which you should file divorce proceedings in. In Massachusetts all divorce cases are filed in the Probate and Family Court in the applicable county. The appropriate Probate and Family Court for filing a divorce action is in the county in which the husband and last resided together. If neither the Husband nor the Wife still reside in the county where the last resided together, the divorce proceeding may be filed in the county which either the Husband or the Wife live.
2. What is alimony?
Alimony is another term used for spousal support.
3. What factors does the court use in determining the amount of alimony a party should receive?
Before the court awards alimony to either party, they consider the following factors:
- How long the parties were married:
- How the parties conducting themselves during the course of the marriage;
- How old the parties are, what they do for work, various sources of income for the parties, any trade or vocational skills of either party, the entire marital estate, the employability of either party, as well as any liabilities and needs of either of the parties;
- How much either party has contributed to the marriage and the value of the respective estates of either party;
- What the likelihood of either party is to acquire capital assets or additional income;
- How each of the parties contributed to family when they were a unit.
4. Where do you begin when you have decided to divorce?
If both parties to the marriage have agreed that divorce is the next step for the marriage, the parties can petition to the court jointly for a divorce. At that time, the parties can appear before the court, with the terms of a separation agreement addressing all aspects of the divorce agreed upon, as well as filing an affidavit of irretrievable breakdown of marriage. Unfortunately, when the divorce is not agreed to by one of the parties, the party deciding to divorce the other, must file a Complaint for Divorce. Once the party has filed the Complaint for Divorce with the appropriate Probate and Family Court, a Domestic Relations Summons will be issued by the court. This Domestic Relations Summons will then need to be served on other party. It should be noted that the all Probate and Family Court charge a filing fee for either type of divorce proceeding filed; however a waiver of this fee may be obtained if the party filing the action is not capable of paying the necessary fee.
5. My Husband and I have agreed to get a divorce and have signed a separation agreement. Is a divorce still necessary?
Until a separation agreement between the parties has been approved by a Judge at the Probate and Family Court, it is not enforceable. In Massachusetts, a Court must determine that the separation agreement the parties have signed is fair and reasonable to all parties concerned. Therefore, it is necessary to appear before the Judge before any separation agreement between the parties is enforceable and the parties to be considered divorced.
6. What does the term "grounds for divorce" mean?
Grounds for divorce are simply a reason for divorce. The State only allows divorce to take place for a reason as set forth in the statute. Most divorces are filed on the grounds of "irretrievable breakdown of marriage". Irretrievable breakdown of marriage is sometimes called a "no fault" divorce and allows parties to get divorced on the basis that you no longer are in love with your spouse. Massachusetts also has fault grounds for divorce as well. Some of the grounds for divorce include:
- Impotency;
- If your spouse left and deserted you for more than a year;
- If either party commits adultery;
- If either party becomes an addict of drugs or alcohol;
- If either party is abusive and cruel;
- If either party refuses to support the other when capable;
- If either party has been in jail for 5 or more years.